People v. May CA6

I. FACTUAL AND PROCEDURAL BACKGROUND1

The victim (victim) was 19 years old at the time of the preliminary examination in August 2012. Victim testified that May, her uncle, had touched her inappropriately five times when she was a child. The first incident occurred when she was 12 years old and, along with her brother, had driven to the mountains with May. While her brother slept in the back seat, May placed his hand on her inner thigh, close to her crotch, as he drove. Victim said he kept his hand there for perhaps 30 minutes. The second incident took place when victim was 13 or 14 years old. She was seated in a chair at May’s worksite when he came up to her, lifted her shirt and rubbed and kissed her stomach, before unbuttoning her pants. She got frightened and got up to use the restroom. When she returned, May laughed and said she should “watch out or he would steal her virginity.” May told her that they had not done anything wrong, and if she told anyone what had happened, he could get in trouble. About a year later, when victim was 14 years old, she was lying on the couch at May’s house watching television one evening. May lay down behind her and put his arms around her.…